Landlord Can't Seal Fireplace

Landlord applied for permission to modify services by sealing a fireplace in tenant's apartment. Landlord claimed that the fireplace was installed in the mid-1800s for burning coal, that it wasn't intended for burning wood, that it was no longer required for heat, and that sealing of the fireplace was required to prevent hazardous use and for tenant safety. A fire had broken out in another apartment after another tenant had used the fireplace to burn wood. Tenant objected to landlord's request. The DRA ruled against landlord, finding that use of the fireplace was a base date service. Landlord appealed and lost. A functioning fireplace was a base date service required under the rent stabilization code. Tenant hadn't consented to the service modification and landlord submitted no proof that the fireplace must be sealed for safety reasons.

Morgan Holding Corp.: DHCR Adm. Rev. Dckt. No. KA410194RO (4/30/98) [3-page document]